Rowell v. Zamora, et al

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/27/2016 VACATING the 6/15/2016 findings and recommendations 14 . Within 30 days, plaintiff may file a second amended complaint curing the defects in his Eighth Amendment claim. Failure to comply with this order will again result in a recommendation that this action be dismissed for failure to state a claim. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN L. ROWELL,

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No. 2:14-cv-1888-KJM-EFB P

Plaintiff,
v.

ORDER

L.D. ZAMORA, et al.,
Defendants.

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Plaintiff, a state prisoner without counsel, has filed a complaint alleging civil rights

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violations pursuant to 42 U.S.C. § 1983. On June 15, 2016, the court recommended that this

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action be dismissed because plaintiff’s amended complaint failed to state a claim upon which

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relief could be granted. ECF No. 14. In his June 23, 2016 objections, plaintiff argues that he can

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include additional allegations in a second amended complaint that could support a claim of

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deliberate indifference to medical needs in violation of the Eighth Amendment. ECF No. 15. In

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an abundance of caution, the court will vacate the June 15, 2016 findings and recommendations

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and allow plaintiff leave to file a second amended complaint.

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Plaintiff is reminded that an individual defendant is not liable on a civil rights claim unless

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the facts establish the defendant’s personal involvement in the constitutional deprivation or a

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causal connection between the defendant’s wrongful conduct and the alleged constitutional

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deprivation. See Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989); Johnson v. Duffy, 588 F.2d

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740, 743-44 (9th Cir. 1978).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The June 15, 2016 findings and recommendations (ECF No. 14) are vacated.

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2. Within 30 days from the date this order is served, plaintiff may file a second amended

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complaint curing the defects in his Eighth Amendment claim. The second amended

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complaint must be written or typed so that it so that it is complete in itself without

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reference to any earlier filed complaint and may not change the nature of this suit by

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alleging new, unrelated claims.

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3. Failure to comply with this order will again result in a recommendation that this action
be dismissed for failure to state a claim.
DATED: June 27, 2016.

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